Terms and Conditions of Use

Terms and Conditions of Use

The Visual Art Academy

1. Terms

By accessing this web site The Visual Art Academy, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on The Visual Art Academy’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on The Visual Art Academy’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Visual Art Academy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on The Visual Art Academy’s web site are provided “as is”. The Visual Art Academy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Visual Art Academy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall The Visual Art Academy or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Visual Art Academy’s Internet site, even if The Visual Art Academy or a The Visual Art Academy authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on The Visual Art Academy’s web site could include technical, typographical, or photographic errors. The Visual Art Academy does not warrant that any of the materials on its web site are accurate, complete, or current. The Visual Art Academy may make changes to the materials contained on its web site at any time without notice. The Visual Art Academy does not, however, make any commitment to update the materials.

6. Links

The Visual Art Academy has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Visual Art Academy of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

The Visual Art Academy may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to The Visual Art Academy’s web site shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • Third-party vendors, including Google, use cookies to serve ads based on a user’s prior visits to this website.
  • Google’s use of the DART cookie enables it and its partners to serve ads to users based on their visit to this site and/or other sites on the Internet.
  • Users may opt out of the use of the DART cookie by visiting the advertising opt-out page.
  • Amazon.com is included as a third party vendor that serves ads that appear on this site. A link to their Privacy Policy and how it applies to visitors to this site can be found here. I receive a commission on products sold through this website.  To opt out of this type of advertising visit this site, networkadvertising.org
  • Other companies are included as third party vendors that serve ads that appear on this site.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

 Refund Policy

Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy.  You cannot order and then ask for a refund straight away. Within minutes of ordering, you will be able to download years worth of our effort and knowledge. None of the content is ‘drip fed’ – you get all of it right away. There is no undoing that once you access the Visual Art Academy Members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products.

CANCELLATION POLICY

If you are dissatisfied with your purchase for any reason, you will be able to cancel any future payments as long as you do so at least 72 hours prior to the payment processing date. We cannot guarantee your cancellation request will be processed in time if it occurs within 72 hours of the billing date. The billing process is automated, but the cancellation process must be handled manually.

There will be no partial (or prorated) refunds on monthly OR annual payments. Cancellations will be effective on the last day of the customer’s billing cycle.

If you decide to join the Visual Art Academy Community again at a later time, you will be charged the current membership rate, regardless of any special offers or discounts you received in the past.

1. Agreement.

This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of the Visual Art Academy course and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Brenda Mullard or other authorized parties upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Intellectual Property Ownership.

(a) Our Content. All content included on this site is and shall continue to be the property of Brenda Mullard or its content suppliers and is protected by applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by Brenda Mullard. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. The Visual Art Academy is the trademark or registered trademark of Brenda Mullard. Other product and company names mentioned on this Site may be trademarks of their respective owners.

(b) User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty-free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.

(c) Personal Use. Brenda Mullard grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Brenda Mullard. Brenda Mullard may terminate your use of this website at any time.

(d) Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Brenda Mullard’s prior express written consent.

Terms Relating to User Supplied Site Content.

(a) Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our site, and gain access to the materials contained thereon at your own risk.

(b) No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise.

(c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.

(d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.

(e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.

(f) Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.

(g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.

(h) Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.

(i) Prohibitions. You agree that you will not:

  1. Use our forum, bulletin board, chat room, or any other user interactive area of our site for any illegal purpose.
  2. Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
  3. Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
  4. Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site.
  5. Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site.
  6. Pretend to be another person that you are not.
  7. Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.

(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.

5. Miscellaneous.

(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to The Visual Art Academy Program. You may not use The Visual Art Academy Program to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.

(b) Intended Audience. This website is intended for adults and adult supervised use of individuals under the age of 18. This website is not intended for any children under the age of 18.

(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

(d) Indemnification. You agree to indemnify, defend and hold Brenda Mullard and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

(e) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;
  4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

(f) All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way by The Visual Art Academy and Brenda Mullard.  This includes but is not limited to promotional activities, advertisements, testimonials, etc.

(g) I understand that I am signing up for a recurring membership. I understand this is a subscription service and I will be billed based on the plan I purchased (monthly, quarterly, or yearly). I understand that I will be charged each period on the same day that I signed up (or within 48 hours before or after the date depending on processing). Example: If I signed up on the 15th of May, I will be charged again on the 15th of June, the 15th of July, and so on until I cancel my membership.

(h) Cancellations. I understand that I can cancel my membership at any time. I understand that cancellations MUST be made within 72 hours of my renewal date to take effect for the next pay period.  I understand if I do not cancel within 72 hours of my renewal, I am not guaranteed the next payment will be prevented.  It is my sole responsibility to make sure when I cancel it is within 72 hours of my renewal. I understand that there are no partial period refunds and that cancellations will take effect during the next payment period.  The first payment is nonrefundable.  Repeat: NO REFUNDS DISCLAIMER: Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy.  You cannot order and then ask for a refund straight away. Within minutes of ordering, you will be able to download years worth of our effort and knowledge. None of the content is ‘drip fed’ you get all of it right away. There is no un-doing that once you access the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. Cancellations will begin during the next scheduled payment period. By purchasing this membership you are agreeing to these terms and conditions. To cancel, go the members area and cancel your membership, then email your request to cancel to brenda@thevisualartacademy.com within 72 hours of your renewal date. NOTE: Cancellations near major holidays are excluded from the 72-hour window.  You must cancel between 3-5 days before any major US holidays. Holidays include but are not limited to Christmas Eve, Christmas, New Year’s Eve, New Years Day, Thanksgiving (including the day before and weekend after), Bank Holidays, and all holidays recognized by the Government and major religious groups.

Kids Art Camps 

Terms of Use

 

 

The Visual Art Academy is pleased to present Kids Art Camps and the software applications which relate to the Websites and which are provided for use on mobile devices (the “Applications” and, together with the Websites, the “Portal”).

 

By using and/or visiting the Camps and Websites, including any Content, User Submissions (each as defined below) available through the Websites, and/or by installing one or more Applications, you assent to these terms and conditions (the “Terms of Use”) which Terms of Use include and incorporate by reference the terms and conditions of our Policy. If you do not agree to any of these terms, then please do not use the Portal.

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

  1. The Portal

The Portal is intended to serve as an online learning environment through which registered users (“Users”) may subscribe to access courses of video lectures (“Courses”) and associated study materials and background materials. The Portal will also serve as an online social network through which Users may communicate and interact with other Users, share their own User Submissions and view the User Submissions of other Users.

 

  1. Access to the Portal
  2. The Visual Art Academy hereby grants you permission to use the Websites and/or Applications as set forth in these Terms of Use, provided that: (i) you have paid fees, if required, to enroll in any camp or course, (ii) you have set up a valid account and Profile (as defined below), (iii) your use of the Websites and/or the Applications, as permitted, is solely for your personal, noncommercial use; (iv) you will not copy, upload, republish or distribute any part of the Websites or the Applications in any medium without The Visual Art Academy’s prior written authorization; (v) you will not alter or modify any part of the Websites or the Applications other than as may be reasonably necessary to use the Websites and the Applications for their intended purpose; (vi) you will not reverse engineer, disassemble or an Application; (vii) you are at least 18 years of age; and (viii) you will otherwise comply with Terms of Use.
  3. In order to access the Websites, you will have to create an account. You may never use another’s account without his or her express permission and you may not provide another person outside of your immediate household with the username and password to access your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Visual Art Academy immediately of any breach of security or unauthorized use of your account. Although The Visual Art Academy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Visual Art Academy or others due to such unauthorized use.

 

  1. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Portal in a manner that sends more request messages to the The Visual Art Academy servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

 

Notwithstanding the foregoing, The Visual Art Academy grants the operators of public search engines permission to use spiders to copy materials from the Portal for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Visual Art Academy reserves the right to revoke these exceptions, either generally or in specific cases, at any time without notice. You agree not to collect or harvest any personally identifiable information, including account names, from the Portal, nor to use the communication systems provided by the Portal for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Portal.

 

  1. Applications
  2. An Application will allow you to access certain materials and functionality available on the Websites through your mobile device.

 

  1. The Visual Art Academy reserves the right to amend or withdraw any Application at any time and for any reason.

You acknowledge that the terms of agreement with your mobile network provider (“Mobile Provider”) will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application.

The Visual Art Academy does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. The Visual Art Academy will not be responsible for any support or maintenance for Applications.

In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internetaccess, and certain minimum specifications which are specified in the Application itself.

 

  1. Profiles, User Submissions and Instructor Submissions                                                  In order to create an account, you will be required to submit certain private information which may include your name, child’s name and birthday, email address, telephone number, address and credit card details (“Private Information”) which The Visual Art Academy may use in connection with the operation of its business, but will otherwise keep private in accordance with the terms of the Privacy Policy. Private Information may be used in our communications with you (including for marketing purposes), but will not be shared with any non-affiliated third party without your permission.                                                                                                                                                                                                                                                                                      In order to use certain functions of the Websites and the Applications, you will also be required to establish a profile which will be publicly displayed and will identify you to other Users (“Profile”). Your Profile must, at a minimum, include a username of your choice and an optional profile picture (which may be a photograph or image provided by you or an avatar selected from options provided by The Visual Art Academy).

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. The information provided in the User Submissions will not be treated as confidential and you shall not expect any information provided in the User Submissions to be private. For the sake of clarity, do not submit any information as User Submissions which you wish to be kept private and confidential.

In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize The Visual Art Academy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Submissions to enable inclusion and use of them in the manner contemplated by the Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to The Visual Art Academy, you hereby grant The Visual Art Academy a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform User Submissions, as well as information which is obtained from any linked website, Facebook page or Twitter feed, on the Portal and otherwise in connection with The Visual Art Academy’s business, including without limitation for marketing purposes and promoting and redistributing part or all of the Portal (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Portal a non-exclusive license to access your User Submissions through the Portal, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Portal and under these Terms of Use.                                                                                                                                                                                                                                                             Private Information may be used in a de-identified, aggregated manner by The Visual Art Academy (and its successors and assigns) in connection with its and their business, including, without limitation, for purposes of statistical and demographic analysis and for marketing and promotional purposes.                                                                                                                                                                 You understand and agree that The Visual Art Academy may, but is not obligated to, review the User Submissions and may delete or remove (without notice) all or any portion of any User Submissions in its sole discretion, for any reason or no reason, including User Submissions that in the sole judgment of The Visual Art Academy violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Submissions you post or store on the Portal or provide to The Visual Art Academy. The Visual Art Academy does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and The Visual Art Academy expressly disclaims any and all liability in connection with User Submissions.

 

  1. In connection with your User Submissions and otherwise in connection with your use of the Websites and Applications, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Visual Art Academy all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage The Visual Art Academy or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) post advertisements or solicitations of business; (v) impersonate another person or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (vi) harvest or collect email addresses or other contact information of other Users from the Portal by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (vii) use the Portal in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Portal; (viii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (ix) upload, post, transmit, share, store or otherwise make publicly available on the Portal any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (x) solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes; (xi) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) intimidate or harass another; (xiii) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (xiv) use or attempt to use another’s account, service or system without authorization from The Visual Art Academy, or create a false identity on the Portal; or (xv) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of The Visual Art Academy, is objectionable or which restricts or inhibits any other person from using or enjoying the Portal, or which may expose The Visual Art Academy, the Portal or its Users to any harm or liability of any type.

 

  1. The Visual Art Academy does not permit copyright infringing activities and infringement of intellectual property rights on its Portal, and The Visual Art Academy may remove all Content, User Submissions or Instructor Submissions if properly notified that such Content, User Submissions or Instructor Submissions infringes on another’s intellectual property rights. The Visual Art Academy reserves the right to remove Content, User Submissions or Instructor Submissions without notice. The Visual Art Academy may also terminate a User’s access to its Websites and Applications if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had User Submissions removed from the Websites and/or Applications more than once. The Visual Art Academy also reserves the right to decide whether User Submissions are appropriate and comply with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. The Visual Art Academy may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of the Terms of Use at any time, without prior notice and at its sole discretion.

 

  1. In particular, if you are a copyright owner or an agent thereof and believe that any User Submissions, Instructor Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing The Visual Art Academy with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to brenda@thevisualartacademy.com

 

  1. You understand that when using the Portal, you will be exposed to User Submissions and Instructor Submissions from a variety of sources and that The Visual Art Academy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or Instructor Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Visual Art Academy with respect thereto, and agree to indemnify and hold THRIVE, its successors, assigns, directors, officers, employees, affiliates, agents, Instructors and Teaching Assistants harmless to the fullest extent allowed by law regarding all matters related to your use of the Portal.

 

  1. Intellectual Property Rights                                                                                             “Content” means all content on the Websites and Applications, except for all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein. Content and Videos are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions and are (i) owned by or licensed to The Visual Art Academy, (ii) supplied to our editors or released into the public domain by public relations and marketing companies for press purposes, (iii) published on public sites with licenses granted under Creative Commons, with attribution in accordance with the Creative Commons license granted in each case, or (iv) covered, we believe, by the Fair Use Doctrine.

 

  1. Content and User Submissions from other Users on the Websites and Applications are provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Visual Art Academy reserves all rights not expressly granted in and to the Websites, the Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content, or User Submissions from other Users other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Portal for any commercial purposes. In no event shall any Content or User Submissions be used for any website, application or publication of any sort which is competitive with the Websites and Applications. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of The Visual Art Academy and/or the Websites. If you download or print a copy of the Content or User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Portal or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Portal or the Content and User Submissions therein.

 

  1. Disclaimers

YOU AGREE THAT YOUR USE OF THE PORTAL SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THRIVE AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS AND TEACHING ASSISTANTS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU IN CONNECTION WITH THE PORTAL AND YOUR USE THEREOF. NEITHER THRIVE NOR ANY OF ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS MAKES ANY WARRANTIES OR REPRESENTATIONS TO YOU ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE PORTAL, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THE PORTAL AND SUCH PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PORTAL, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PORTAL, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PORTAL BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL. THRIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PORTAL OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE VISUAL ART ACADEMY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

  1. Limitation of Liability

IN NO EVENT SHALL THRIVE OR ITS SUCCESSORS, ASSIGNS, OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR ACCESS TO THE PORTAL, INCLUDING, WITHOUT LIMITATION, THE CATEGORIES OF LIABILITY DESCRIBED IN SECTION 6, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THRIVE AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INSTRUCTORS AND/OR TEACHING ASSISTANTS SHALL NOT BE LIABLE TO YOU FOR USER SUBMISSIONS, INSTRUCTOR SUBMISSIONS OR CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

The Portal is controlled and offered by The Visual Art Academy from its facilities in the United States of America. The Visual Art Academy makes no representations that the Portal is appropriate or available for use in other locations. Those who access or use the Portal from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless The Visual Art Academy and its successors, assigns, affiliates, officers, directors, employees, agents, Instructors and Teaching Assistants from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Portal; (ii) your violation of any term of the Terms of Use ; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

 

  1. Termination

The Visual Art Academy may terminate your payment, Art Camp Use or membership, delete your account and any User Submission that you have posted on the Portal and/or prohibit you from using or accessing the Portal (or any portion, aspect or feature thereof ) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Portal, your obligations hereunder shall survive indefinitely.

 

  1. Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

 

  1. General

You agree that: (i) the Portal shall be deemed solely based in Washington; and (ii) the Portal shall be deemed “passive” and shall not give rise to personal jurisdiction over The Visual Art Academy, either specific or general, in jurisdictions other than the State of Washington. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Visual Art Academy without restriction. You agree that Sections 7, 8 and 9 of these Terms of Use are, and are intended to be, for the benefit of Instructors and Teaching Assistants and those Sections confer enforceable rights and remedies upon such Instructors and Teaching Assistants. The Terms of Use shall be governed by the internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. Any claim or dispute between you and The Visual Art Academy that arises in whole or in part from the Portal shall be decided exclusively by a court of competent jurisdiction located in the State of Wisconsin. These Terms of Use, together with the Privacy Policy, the Contest Rules and any other legal notices published by The Visual Art Academy on the Portal, shall constitute the entire agreement between you and The Visual Art Academy concerning the Portal. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of this the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and The Visual Art Academy’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. The Visual Art Academy reserves the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review the Terms of Use for any changes. Your use of the Portal following any amendment of the Terms of Use will signify your assent to and acceptance of the revised terms of any component thereof.